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CNN Live Saturday
Star Witness Hurts Martha Stewart's Defense
Aired February 07, 2004 - 14:42 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDERICKA WHITFIELD, CNN ANCHOR: Was it the smoking gun? The criminal case against Martha Stewart and Peter Bacanovic got a rough week this past week. Stewart's reputation took a hit in the insider trading trial when Federal prosecutors put their star witness on the stand. For more on this and other high-profile cases, Richard Herman is a criminal defense attorney and Avery Friedman, is a civil rights lawyer. Good to see you both of you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Nice to see you again.
RICAHRD HERMAN, ATTORNEY: Nice to see you again.
WHITFIELD: Let's begin with the Martha Stewart case and Doug Faneuil, the key witness, Avery, was he damaging for Martha Stewart?
FRIEDMAN: He was the smoking gun. Karen Patton Seymour who is the top gun for the U.S. Attorneys Office carefully used Doug Faneuil's testimony and he nailed it. He established both his boss, Peter Bacanovic and Martha Stewart, contact with them that there was information that was turned over. And everyone thought that the defense team would really, you know, do a number on him. The fact is that he testified that Martha Stewart said she was going to fire Merrill Lynch because she did not like the music on hold. He tried to cross-examine him and saying that he had a grudge. It didn't work the governments case right now is very strong.
WHITFIELD: So Richard you don't think he had credibility problem and showing through these emails that maybe he did have a grudge or some personal feelings about Martha Stewart?
HERMAN: Fredricka, credibility is as you said is the key to this case. And that's what will happen on Monday. He has held up well after seven hours of cross-examination. But Morvillo (ph) is going to get him on Monday, Martha Stewart's attorney. And what he is going to show, he will talk about -- he will touch on those e-mails, but basically he will show how this Bacanovic is a star, government star witness. They've rehearsed with him. They prepared him over and over --
WHITFIELD: Faneuil.
HERMAN: Yes Faneuil, I'm sorry. They have prepared him over and over again to make him the star witness. They have sat with agents, attorneys, and investigators. And Morvillo (ph) will bring that out and you will see how this story has evolved from the first time he spoke with them until now. WHITFIELD: Yes, well didn't he actually say, and testify that Bacanovic did necessarily tell him what to do, didn't order him what to do. He simply offered the advice that it might be a good idea to inform Martha Stewart. Isn't there a difference?
HERMAN: There's a huge difference. And Morvillo is going to bring out on Monday that he is basically a gopher in the office. He gets coffee he takes messages. He had no knowledge of any conspiracy between Martha Stewart and Bacanovic. And that is going to come out. He also may reveal it, this maybe his celebrity, and his time in the limelight. He may have a book deal; he may have a movie deal pending. But he is a convicted person, he pled to a crime and he is doing this in order to protect himself and try to reduce any type of sentence he may get hit with.
WHITFIELD: All right, quickly let's move on to the Janet Jackson case. Janet Jackson saying after the half time shows Avery that it wasn't CBS's idea, it wasn't MTV's idea, and it was my idea. How far can the FCC take this? Can they impose charges against an individual and not necessarily --
FRIEDMAN: What they cannot do is fine individuals. But Fredricka, what they can do is issue a subpoena and put her under oath. And that's exactly what is going to happen.
WHITFIELD: Really?
FRIEDMAN: We are now going to get into mammary gate and find out what they knew and when they knew it.
WHITFIELD: OK and Richard, CBS and MTV both said very clearly at the very top that they had no idea. They were surprised that --.
HERMAN: What do you expect them to say?
WHITFIELD: Nothing was exposed sort of speak during the rehearsals.
HERMAN: Hey Fredricka, they were going up against the lingerie bowl at half time. They had to do something here. But as council said individual no liability. But the licenses, CBS and MTV they are the ones that the FCC could impose fines on and potential sanctions.
WHITFIELD: All right. The Robert Blake case, irreconcilable differences, as how he and his third attorney have now separated. The court says he has got until February 24th in which to select a fourth attorney. How damaging is it for his case in the long-run Avery?
FRIEDMAN: In the long run it makes no difference. He is going to need competent counsel because he has a big problem. The prosecution is going to be able to show motive, they are going to be able to show certain behavior. He's in a lot of trouble. He better get the best lawyer he can get out there in Los Angeles. This case is going to go forward before the end of the month.
WHITFIELD: And Richard might it be tricky for him to find somebody that will want to touch the case?
HERMAN: I can't believe the judge has done this but it is apparently Blake wants his lawyer to do something unethical. The lawyer won't do it. And that's why this judge is letting him out. It has to be that severe.
WHITFIELD: Scott Peterson case, key witness who actually saw Laci Peterson walking her dog, died of natural causes. Might it be the case, Richard that perhaps the deposition was taken before her death and that might be admissible?
HERMAN: Fredricka, had they taken that deposition and a video deposition would have been the best, had they had any inkling that she was in bad health or her depth was imminent, they could have done that to preserve her testimony. But the hear say rules are going to preclude any of this from coming into the trial.
WHITFIELD: Avery?
FRIEDMAN: This was potentially an acquittal witness for him. But Mrs. Mitchell is gone, but guess what? Mr. Mitchell claims he saw the same thing. So he will be the defense witness in the case.
WHITFIELD: All right, Avery Friedman, Richard Herman thank you gentlemen.
HERMAN: Nice to be with you.
FRIEDMAN: Thanks.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Aired February 7, 2004 - 14:42 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
FREDERICKA WHITFIELD, CNN ANCHOR: Was it the smoking gun? The criminal case against Martha Stewart and Peter Bacanovic got a rough week this past week. Stewart's reputation took a hit in the insider trading trial when Federal prosecutors put their star witness on the stand. For more on this and other high-profile cases, Richard Herman is a criminal defense attorney and Avery Friedman, is a civil rights lawyer. Good to see you both of you.
AVERY FRIEDMAN, CIVIL RIGHTS ATTORNEY: Nice to see you again.
RICAHRD HERMAN, ATTORNEY: Nice to see you again.
WHITFIELD: Let's begin with the Martha Stewart case and Doug Faneuil, the key witness, Avery, was he damaging for Martha Stewart?
FRIEDMAN: He was the smoking gun. Karen Patton Seymour who is the top gun for the U.S. Attorneys Office carefully used Doug Faneuil's testimony and he nailed it. He established both his boss, Peter Bacanovic and Martha Stewart, contact with them that there was information that was turned over. And everyone thought that the defense team would really, you know, do a number on him. The fact is that he testified that Martha Stewart said she was going to fire Merrill Lynch because she did not like the music on hold. He tried to cross-examine him and saying that he had a grudge. It didn't work the governments case right now is very strong.
WHITFIELD: So Richard you don't think he had credibility problem and showing through these emails that maybe he did have a grudge or some personal feelings about Martha Stewart?
HERMAN: Fredricka, credibility is as you said is the key to this case. And that's what will happen on Monday. He has held up well after seven hours of cross-examination. But Morvillo (ph) is going to get him on Monday, Martha Stewart's attorney. And what he is going to show, he will talk about -- he will touch on those e-mails, but basically he will show how this Bacanovic is a star, government star witness. They've rehearsed with him. They prepared him over and over --
WHITFIELD: Faneuil.
HERMAN: Yes Faneuil, I'm sorry. They have prepared him over and over again to make him the star witness. They have sat with agents, attorneys, and investigators. And Morvillo (ph) will bring that out and you will see how this story has evolved from the first time he spoke with them until now. WHITFIELD: Yes, well didn't he actually say, and testify that Bacanovic did necessarily tell him what to do, didn't order him what to do. He simply offered the advice that it might be a good idea to inform Martha Stewart. Isn't there a difference?
HERMAN: There's a huge difference. And Morvillo is going to bring out on Monday that he is basically a gopher in the office. He gets coffee he takes messages. He had no knowledge of any conspiracy between Martha Stewart and Bacanovic. And that is going to come out. He also may reveal it, this maybe his celebrity, and his time in the limelight. He may have a book deal; he may have a movie deal pending. But he is a convicted person, he pled to a crime and he is doing this in order to protect himself and try to reduce any type of sentence he may get hit with.
WHITFIELD: All right, quickly let's move on to the Janet Jackson case. Janet Jackson saying after the half time shows Avery that it wasn't CBS's idea, it wasn't MTV's idea, and it was my idea. How far can the FCC take this? Can they impose charges against an individual and not necessarily --
FRIEDMAN: What they cannot do is fine individuals. But Fredricka, what they can do is issue a subpoena and put her under oath. And that's exactly what is going to happen.
WHITFIELD: Really?
FRIEDMAN: We are now going to get into mammary gate and find out what they knew and when they knew it.
WHITFIELD: OK and Richard, CBS and MTV both said very clearly at the very top that they had no idea. They were surprised that --.
HERMAN: What do you expect them to say?
WHITFIELD: Nothing was exposed sort of speak during the rehearsals.
HERMAN: Hey Fredricka, they were going up against the lingerie bowl at half time. They had to do something here. But as council said individual no liability. But the licenses, CBS and MTV they are the ones that the FCC could impose fines on and potential sanctions.
WHITFIELD: All right. The Robert Blake case, irreconcilable differences, as how he and his third attorney have now separated. The court says he has got until February 24th in which to select a fourth attorney. How damaging is it for his case in the long-run Avery?
FRIEDMAN: In the long run it makes no difference. He is going to need competent counsel because he has a big problem. The prosecution is going to be able to show motive, they are going to be able to show certain behavior. He's in a lot of trouble. He better get the best lawyer he can get out there in Los Angeles. This case is going to go forward before the end of the month.
WHITFIELD: And Richard might it be tricky for him to find somebody that will want to touch the case?
HERMAN: I can't believe the judge has done this but it is apparently Blake wants his lawyer to do something unethical. The lawyer won't do it. And that's why this judge is letting him out. It has to be that severe.
WHITFIELD: Scott Peterson case, key witness who actually saw Laci Peterson walking her dog, died of natural causes. Might it be the case, Richard that perhaps the deposition was taken before her death and that might be admissible?
HERMAN: Fredricka, had they taken that deposition and a video deposition would have been the best, had they had any inkling that she was in bad health or her depth was imminent, they could have done that to preserve her testimony. But the hear say rules are going to preclude any of this from coming into the trial.
WHITFIELD: Avery?
FRIEDMAN: This was potentially an acquittal witness for him. But Mrs. Mitchell is gone, but guess what? Mr. Mitchell claims he saw the same thing. So he will be the defense witness in the case.
WHITFIELD: All right, Avery Friedman, Richard Herman thank you gentlemen.
HERMAN: Nice to be with you.
FRIEDMAN: Thanks.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
